(a)

Article 4 outlines the procedures to be followed in order to comply with the requirements of these regulations. The developer (See definition of "developer" in article 2), who initially may not be familiar with these regulations, first visits the administrative officer to get information concerning the ordinance affecting his proposed development.

(b)

The administrative officer will show the developer a copy of these regulations. The developer may either review the document in the office or he may purchase a copy for his own use.

(Ord. No. 2010-16, 11-16-10)

(a)

No building is to be erected, used, occupied, moved, or altered and no property may have a use in a manner that does not conform to the requirements specified for the district in which it is located.

(b)

The only exception to this requirement is that all buildings or uses which lawfully existed at a particular location at the time these regulations were adopted may be continued as "nonconforming uses."

(Ord. No. 2010-16, 11-16-10; Ord. No. 2020-07, § 1, 11-17-20)

Invariably, at the time a land use and development control ordinance is adopted or amended, certain uses which lawfully existed prior to the adoption or amendment will not conform to the regulations and standards for the districts in which they are located. These are known as non-conforming uses, and in order to feasibly adopt the ordinance and so as not to cause undue economic hardship on owners of non-conforming uses, these uses are allowed to continue under special conditions as outlined in the following parts of this section:

(a)

Where a non-conforming use of a building or lot has ceased for more than six (6) months or has changed to a permitted or conforming use, further use of the building or lot must be in conformance with the standards and requirements for the district in which it is located.

(b)

A non-conforming use must not be extended, altered or expanded, either on the same or adjoining property, unless the extension, alteration or expansion is in conformance with the requirements of the ordinance. However, any alteration that reduces the degree of the nonconformance, while not increasing the size of the nonconformance, may be authorized by the administrative officer.

(c)

A non-conforming use which is altered or extended must meet applicable Lamar County building codes and development regulations. When an applicant seeks a building permit for the extension or alteration of a non-conforming use, the administrative officer will inspect the unit and determine what (if anything) is needed to bring the unit into conformance with applicable building codes and development regulations. Upon determining that the proposed unit meets applicable building codes and development regulations, he/she will issue the building permit for the non-conforming use.

(d)

If a non-conforming building or structure suffers damage which does not exceed fifty (50) percent of its assessed valuation, the building or structure may be reconstructed and reused as before if done within twelve (12) months from the time such damage occurred. If such damage is greater that fifty (50) percent of its assessed valuation, such a building or structure may only be reconstructed and used in conformity with the standards and requirements for the district in which it is located.

(e)

A use which is non-conforming only with respect to screening or buffer requirements must provide required screens or buffers within a period of three (3) years from the effective date of these regulations. This time period is to allow for the growth of natural vegetative buffers.

(Ord. No. 2009-06, § 1, 11-10-09; Ord. No. 2010-16, 11-16-10)

(a)

The developer or other person wishing to do any of the following must first apply to the administrative officer for a building permit:

(1)

Excavation or filling of a lot for the construction of a building.

(2)

Erection, movement, extension, or enlargement of a building.

(3)

Work on an existing building which entails structural change.

(4)

Installation of a manufactured home or industrialized building.

(5)

Building or modifying any electrical service.

(b)

No electricity, water, or sewage hookup will be made available to the site of new construction until a building permit is secured.

(c)

The building permit must be applied for either by the owner of the land upon which the proposed building or alteration is to be located, or by the contractor doing the work.

(d)

No application will be accepted from any person who is in violation of the zoning ordinance. If an applicant for a building permit is, at the time of such application, determined by the administrative officer to be in violation of the zoning ordinance, then the administrative officer will be prohibited from accepting or processing any application from that applicant until the applicant does one (1) of the following:

(1)

He/she must voluntarily remove or change the cause of the violation and cease to be in violation. The applicant must notify the administrative officer that he has ceased the violation and obtain a release from the administrative officer as to the violation.

(2)

He/she must be tried before a court of competent jurisdiction, acquitted of charges, and present a certified copy of the court order to the administrative officer within thirty (30) days of the final order of the court.

(3)

When the applicant has ceased to be in violation by either [subsection] (1) or (2) above, the administrative officer will then accept the application for a building permit.

(e)

Before a building permit is issued by the administrative officer, the Lamar County Health Department must approve the proposed water supply and sewage disposal facilities required in connection with the proposed building or structure. In areas served by a public water and sewage system, the health department may elect to waive the requirement for approval. After study of the site of a proposed use, the health department may require for health reasons that all or any portion of the site not be used for the intended purpose. The health department may also set a minimum lot size larger than that required by these regulations. The Lamar County Health Department will either approve or disapprove the water and sewer facilities within thirty (30) days of receipt of the application from the administrative officer, providing a written decision, including reasons for the decision.

(f)

An existing use which is altered or extended must meet applicable Lamar County building codes and development regulations. When an applicant seeks a building permit for the extension or alteration of an existing use, the administrative officer will inspect the use and determine what (if anything) is needed to bring the use into conformance with applicable building codes and development regulations before a building permit may be issued.

(g)

The administrative officer is in charge of issuing building permits. The administrative officer will contact the applicant at the address shown on the application. The building permit will be issued if, upon review of the application and inspection of the site, the administrative officer is satisfied that the proposed project will meet the requirements of these regulations and all other applicable ordinances. The administrative officer may require the submission of additional materials if he concludes additional information is needed in order to determine if the proposed project meets the requirements of these regulations.

(h)

If the administrative officer feels that the proposed project as presented in the building permit application will not satisfy the requirements of these regulations, he will not issue a building permit. He will notify the applicant in writing within ten (10) days of the submission of the application, stating reasons for the refusal. The applicant will then need to confer with the administrative officer to determine what he needs to do in order to comply with the ordinance and be eligible for a building permit.

(i)

Construction on an approved project must start within six (6) months from the date of issue of the building permit, or the permit will become invalid and a new one must be applied for if construction of the project is desired at a future date. If construction has begun on an approved project and then ceases before the project is completed, construction must be restarted within twelve (12) months from the time that it was stopped, or the permit will become invalid and a new one must be applied for if construction of the project is desired to resume at a future date. Records of building permit applications and supporting materials will be maintained by the administrative officer.

(j)

All newly constructed buildings, as well as additions, extensions, or enlargements of structures must comply with all building codes in effect in Lamar County. The administrative officer will explain the procedures and timing of inspections to determine if work meets applicable codes.

(k)

Fees for building permits are set by the board of commissioners. If work is started before the proper permits are obtained, the fee may be doubled.

(Ord. No. 2010-16, 11-16-10; Ord. No. 2020-07, § 1, 11-17-20)

(a)

A certificate of occupancy is required before a structure for which a building permit has been issued may be occupied or used. The building permit shows completion of the project when the administrative officer, or building inspector signs it in the appropriate space, certifying that to the best of his/her knowledge all requirements of these regulations have been met. The owner/contractor will then receive the certificate of occupancy to be used as confirmation that he has complied with the provisions of these regulations.

(b)

The administrative officer will issue the certificate of occupancy within ten (10) days of receiving the building permit with required certifications, if he finds that all requirements of these regulations and all other applicable ordinances have been met, including the requirement for posting of house numbers. However, if he finds that all requirements of such ordinances have not yet been met when the owner/contractor seeks a certificate of occupancy, the administrative officer will not issue the certificate of occupancy. He will notify the owner/contractor within ten (10) days, stating reasons for the refusal. The owner/contractor will then need to confer with the administrative officer to determine what he needs to do in order to comply with these regulations and be eligible for a certificate of occupancy.

(Ord. No. 2010-16, 11-16-10; Ord. No. 2019-09, 6-18-19)

(a)

If the administrative officer or planning commission executes an action which the developer or other aggrieved party believes to be contrary to law, that action may be appealed. Findings of fact, however, may not be appealed. Such an appeal must be filed within thirty (30) days of the date on which the action by the administrative officer or planning commission was taken.

(b)

The board of appeals has jurisdiction for hearing appeals concerning actions of the administrative officer or planning commission related to these regulations. Applications for appeal may be obtained from and submitted to the administrative officer, who will transmit them to the board of appeals for its consideration. The filing fee for the appeal must be paid at the time the appeal application is submitted. The fee paid for the building permit will be credited toward the appeal application fee if the appeal applicant is the purchaser of the building permit.

(c)

When an action of the administrative officer or planning commission is appealed, all construction or other activity authorized by the appealed action must be stopped immediately. In certain cases, however, the administrative officer may feel that the stoppage of such construction or other activity authorized by the appealed action will cause imminent peril to life or property. Then, the administrative officer may certify to the board of appeals that, by reason of facts stated in the certificate, the halting of construction or other activity authorized by the appealed action would in his opinion cause imminent peril to life or property. In such cases, the construction or other activity authorized by the appealed action is allowed to continue unless a restraining order is granted by either the board of appeals or a court of appropriate jurisdiction.

(d)

When an application for appeal of an action of the administrative officer or planning commission is received, the board of appeals will set a time and place for a public hearing on the appeal. Notice of the hearing must be published in a newspaper of general circulation in Lamar County at least fifteen (15) days before the hearing. In addition, the parties to the appeal will be notified of the date of the hearing by the board of appeals by U. S. Mail at least fifteen (15) days before the hearing. Any person may appear at the hearing, or have a representative attend instead. A request for postponement or delay of a board of appeals public hearing after the notice of the hearing has already been published in the newspaper will require the requesting party to pay a fee set by the administrative officer sufficient to pay all cost(s) associated with the rescheduling of the public hearing. If the board of appeals tables an appeal to provide either party to the appeal additional time to present evidence for their case, this will be considered as a request for postponement or delay, and will require the payment of a fee as stated above for rescheduling of the public hearing. The board of appeals may waive the additional fee if they table an appeal for reasons of their own choosing.

(e)

The board of appeals will make a decision concerning the appeal and record the decision in the minutes for that meeting. Further appeal on points of law may be made to the Lamar County Superior Court.

(Ord. No. 2010-16, 11-16-10)

(a)

A variance is a permit, issued by the board of appeals, which allows use of a parcel of land in a way that does not meet certain requirements for the district is which the property is located. A variance may be granted only in an individual case where an extreme hardship would result if all of the requirements of these regulations were applied stringently to a particular piece of property. The hardship must me proven by showing beyond a doubt that reasonable use of the land is not possible if all of the requirements of these regulations are to be met. The hardship cannot be self-created such as:

(1)

A lot purchased with knowledge of an existing restriction.

(2)

A claim of hardship in terms of prospective sales.

(3)

An expressed economic need requiring a variance, when such a need can be met in other ways which would not require a variance.

(b)

Relief from the hardship — the variance — must not cause substantial detriment to the public good or impair the purposes of these regulations.

(c)

When a variance is issued, the spirit of these regulations must be observed and the public safety and welfare secured. A variance may be granted only for permitted uses in the zoning district in which the property in question is located. (For example, a two-family dwelling would not be allowed to be placed in a R-1 district under a variance.)

(d)

The developer or owner wishing to request a variance must have at least fifty-one (51) percent ownership of the subject property or be the duly authorized agent of such a person, possessing notarized authorization in writing, under the owner's signature. The planning commission or Lamar County Board of Commissioners may also propose a variance. However, the power to approve a variance rests with the board of appeals.

(e)

Application for a variance must be made with the administrative officer. The administrative officer will take the required information and transmit it to the board of appeals for its consideration. No application is to be accepted from any person in violation of the zoning ordinance. If an applicant for a variance or another action by the board of appeals is, at the time of such application, determined by the administrative officer to be in violation of the zoning ordinance, then the administrative officer will be prohibited from accepting or processing any application from that applicant until the applicant does one of the following:

(1)

He must voluntarily remove or change the cause of the violation and cease to be in violation. The applicant must notify the administrative officer that he has ceased the violation and obtain a release from the administrative officer as to the violation.

(2)

Has been tried before a court of competent jurisdiction, acquitted of charges and presents a certified copy of the court order to the administrative officer within thirty (30) days of the final order of the court.

(3)

When the applicant has ceased to be in violation by either [subsection] (1) or (2) above, the administrative officer will then accept the application for a variance.

(f)

When an application for a variance is received, the board of appeals will set a time and place for a public hearing on the variance. Notice of the hearing must be published in a newspaper of general circulation in Lamar County at least fifteen (15) days before the hearing. Such notice will state the application number, owner's name, property location, its area, time, place, and subject of the hearing. At least fifteen (15) days before the public hearing, notice of the time, place and subject of the hearing will be sent in writing by U.S. mail to the appellant or petitioner and all property owners within three hundred (300) feet of the subject property. Copies of all such letters will be maintained in the applicant file for permanent record. A request for postponement or delay of a board of appeals public hearing after the notice of the hearing has already been published in the newspaper will require the requesting party to pay a fee set by the administrative officer sufficient to pay all cost(s) associated with the rescheduling of the public hearing. If the board of appeals tables a variance request to provide additional time for the presentation of evidence, this will be considered as a request for a postponement or a delay and will require the payment of a fee as stated above for rescheduling of the public hearing. The board of appeals may waive the additional fee if they table a variance request for reasons of their own choosing.

(g)

The board of appeals will make a decision concerning the variance and record the decision in the minutes for that meeting.

(h)

The variance issued by the board of appeals must specify which requirements are to be varied from. It must specify alternative requirements to be met, replacing the requirements varied from.

(i)

The board of appeals may establish performance bonds to assure compliance with any requirements it has set for granting a variance. Where a variance is granted for a construction activity requiring a building permit, the building permit must be obtained and construction must begin within six (6) months of the issuance of the variance. Otherwise, the variance expires after six (6) months.

(j)

The decision of the board of appeals on the application for variance may be appealed on points of law to the Lamar County Superior Court.

(Ord. No. 2010-16, 11-16-10)

(a)

When a parcel of property is placed in a certain zoning district, all permitted uses for that zoning district are allowed on the property as long as the published requirements of these regulations and other development regulations of Lamar County are met. However, in certain situations, only one (1) of the permitted uses for a district may be appropriate for a parcel of property while many of the other uses within the range of those permitted would not be appropriate — or certain design, location, aesthetic, or other standards may be needed to mask otherwise undesirable effects of a permitted use. In such cases, conditional zoning may be granted by the Lamar County Board of Commissioners.

(b)

The following situations are permitted under conditional zoning:

(1)

The use of land may be specifically limited to any one (1) or more of the permitted uses for the zoning district in which the land is placed.

(2)

Special requirements of design, location, aesthetics, or other considerations may be imposed for the uses permitted on the land.

(3)

Any combination of the above two (2) categories of conditions may be imposed.

(c)

Conditional zoning is attached to a specific lot or group of lots—not to the owner(s). If ownership of the lot(s) changes, continued compliance with the special conditions must be maintained by the new owner(s).

(d)

A tract of land to which special conditions have been attached continues to be subject to all other requirements of these regulations and other applicable regulations of Lamar County which are not in conflict with those special conditions.

(e)

Whenever a tract of land has had special conditions imposed upon it and a building permit is applied for, plans and specifications which are drawn in compliance with the special conditions must be submitted with the application for a permit.

(f)

When conditional zoning has been granted for a parcel of property, and no building permit for the property has been applied for within twelve (12) months of the date of such conditional zoning, the property will revert to its original zoning prior to the conditional zoning. However, the owner of the property conditionally zoned may request the Lamar County Board of Commissioners to extend the conditional zoning for up to twelve (12) months. If the Lamar County Board of Commissioners finds just cause for extending the conditional zoning, it may be extended for a period of up to twelve (12) months.

(g)

The zoning of any parcel of land which is subject to special conditions will be indicated on the official map by its zoning district designation followed by "C" (for example "R-1-C").

(h)

Any granting of conditional zoning is an amendment of these regulations, and procedures contained in section 410 must be followed.

(Ord. No. 2010-16, 11-16-10)

(a)

Some zoning districts permit certain uses only upon approval. These are called "special exceptions." Consideration is given to whether or not the objectives of these regulations will be hindered in an individual situation.

(b)

The developer or owner wishing to request a special exception must have at least fifty-one (51) percent ownership of the subject property or be the duly authorized agent of such a person, possessing notarized authorization in writing, under the owner's signature. The planning commission or Lamar County Board of Commissioners may also propose a special exception.

(c)

Application for a special exception must be made with the administrative officer who will submit the required information to the board of appeals and the board of commissioners for consideration. No application is to be accepted from any person in violation of the zoning ordinance. There will be a waiting period of seventy-two (72) hours, excluding holidays and weekends for all special exception requests. This waiting period is to allow the administrative officer or other county officials concerned, the necessary time to review zoning and building codes, the Lamar County Land Use Plan, and any State of Georgia law or codes it is obligated and required to enforce or adhere to. Information as to the documents required prior to the public hearing on the request shall be provided by the administrator and/or administrator's clerk. This does not relieve the applicant from providing the required documentation, information, or permits from the State of Georgia or any federal agency for clarification. Should the applicant fail to provide all of the required information or documentation prior to or within the seventy-two (72) hour waiting period, said public hearing on the request will not be held and there will be a waiting period of thirty (30) days before a public hearing will be scheduled. The administrative officer shall not process or advertise any application for a special exception until all of the required information, documentation, and other required permits have been received and verified by the administrative officer within the waiting period. If an applicant for a special exception or any other action by the board of appeals is, at the time of such an application determined by the administrative officer to be in violation of the zoning ordinance, then the administrative officer will be prohibited from accepting or processing any application from that applicant until the applicant does one (1) of the following:

(1)

He must voluntarily remove or change the cause of the violation. The applicant must notify the administrative officer that he has ceased the violation and obtain a release from the administrative officer as to the violation.

(2)

He must be tried before a court of competent jurisdiction, acquitted of charges and present a certified copy of the court order to the administrative officer within thirty (30) days of the final order of the court.

(3)

When the applicant has ceased to be in violation by either [subsection] (1) or (2) above, the administrative officer will then accept the application for a special exception.

(d)

When an application for a special exception is received:

(1)

The board of appeals will set a time and place for a public hearing on the special exception. Notice of the hearing must be published in a newspaper of general circulation in Lamar County at least fifteen (15) days before the hearing. At least fifteen (15) days prior to the hearing, notice of the time, place, and subject of the hearing will be sent to the appellant or petitioner and all property owners within three hundred (300) feet of the subject property in writing by U.S. mail. Copies of all such letters will be maintained in the applicant file for permanent record.

(2)

The administrative officer must post a sign at least two (2) feet by three (3) feet in size in a conspicuous place on the property at least fifteen (15) days, but not more than forty-five (45) days prior to the date of the scheduled public hearing. The sign must set forth the fact that it is a "Public Hearing." It must show the location of the property, application number, the date, time, and place of the scheduled public hearing.

(3)

A request for postponement or delay of a board of appeals public hearing after the notice of the hearing has already been published in the newspaper will require the requesting party to pay a fee set by the administrative officer sufficient to pay all cost(s) associated with the rescheduling of the public hearing. If the board of appeals tables a special exception request to provide additional time for the presentation of evidence, this will be considered as a request for a postponement or delay and will require the payment of a fee as stated above for rescheduling of the public hearing. The board of appeals may waive the additional fee if they table a special exception request for reasons of their own choosing.

(e)

The board of appeals will consider the following points in arriving at a recommendation on the special exception:

(1)

It must not be contrary to the purpose of these regulations.

(2)

It must not be detrimental to the use or development of adjacent properties, or to the general neighborhood; it must not adversely affect the health or safety of residents or workers.

(3)

It must not constitute a nuisance or hazard because of the number of persons who will attend or use such a facility, vehicular movement, noise or fumes generated, or type of physical activity.

(4)

It must not adversely affect existing uses, and it must be proposed to be placed on a lot of sufficient size to satisfy the space requirements of the use.

(5)

It must meet all other requirements of these regulations.

(f)

The board of appeals will formulate recommendations to the Lamar County Board of Commissioners, recording them in the minutes for that meeting. The board of appeals will send the recommendations concerning the special exception in writing to the Lamar County Board of Commissioners within thirty (30) days of the close of the board of appeals meeting or the Lamar County Board of Commissioners will assume that the board of appeals approves.

(g)

After receiving the record of the board of appeals recommendations, the Lamar County Board of Commissioners will then hold a public hearing on the special exception. The same rules apply to this public hearing as to that mentioned in subsection (d) above. The decision may or may not concur with the recommendations of the board of appeals.

(h)

The board of appeals or board of commissioners may require any additional restrictions and development standards on a special exception as may be necessary to protect the health and safety of workers and residents.

(i)

If any restrictions upon which a special exception was granted are not being complied with, the permit may be revoked after giving due notice to all parties concerned and granting full opportunity for a public hearing.

When special exception has been granted for a parcel of property, and no building permit for the property has been applied for within twelve (12) months of the date of such approval, the approval will become void. However, the owner of the property may request the Lamar County Board of Commissioners to extend the approval for the special exception for up to twelve (12) months. If the Lamar County Board of Commissioners finds just cause for the extension, it may be extended for a period of up to twelve (12) months.

(Ord. No. 2010-16, 11-16-10; Ord. No. 2020-07, § 1, 11-17-20)

(a)

Any citizen of the county, the planning commission, or the board of commissioners may propose an amendment of the text of these regulations pursuant to the provisions herein. In addition, the planning commission or the board of commissioners may propose an amendment to the official zoning map. If a developer or landowner finds that a proposed new use of his land does not meet the requirements of these regulations, he may request that these regulations be amended to permit the proposed use. During the application process for a residential subdivision, the developer, planning commission, and board of commissioners should evaluate the rezoning of that property to the most appropriate residential zoning district. The developer or owner wishing to request an amendment of the official map must have at least fifty-one (51) percent ownership of the subject property or be the duly authorized agent of such a person, possessing notarized authorization in writing under the owner's signature. The power to approve and enact an amendment rests with the Lamar County Board of Commissioners.

(b)

Each proposed amendment to the official zoning map shall be initiated by filing an application with the administrative officer. The administrative officer will take the required information and transmit it to planning commission and the board of commissioners. There will be a waiting period of seventy-two (72) hours, excluding holidays and weekends for all amendment requests. This waiting period is to allow the administrative officer or other county officials concerned the necessary time to review zoning and building codes, the Lamar County Land Use Plan, and any State of Georgia law or codes it is obligated and required to enforce or adhere to. Information as to the documents required prior to the public hearing on the request shall be provided by the administrative officer and/or the administrative assistant. This does not relieve the applicant from providing the required documentation, information, or permits from the State of Georgia or any federal agency for clarification. Should the applicant fail to provide all of the required information or documentation required, prior to or within the 72-hour waiting period, said public hearing on the request will not be held and there will be a waiting period of thirty (30) days before a public hearing will be scheduled. The administrative officer shall not process or advertise any application for an amendment until all required information, documentation, and required permits have been received and verified by the administrative officer within the waiting period. No application, except one proposed by the planning commission or the board of commissioners, is to be accepted from any person who, or entity which, is in violation of the zoning ordinance. If an applicant for an amendment is, at the time of such an application, determined by the administrative officer to be in violation of the zoning ordinance, then the administrative officer will be prohibited from accepting or processing any application from that applicant until the applicant does one of the following:

(1)

He must voluntarily remove or change the cause of the violation and cease to be in violation. The applicant must notify the administrative officer that he has ceased the violation and obtains a release from the administrative officer as to the violation.

(2)

He must be tried before a court of competent jurisdiction, acquitted of charges and present a certified copy of the court order to the administrative officer within thirty (30) days of the final order of the court.

(3)

When the applicant has ceased to be in violation by either [subsection] (1) or (2) above, the administrative officer will then accept the application for amendment.

(c)

Applications for amendment.

(1)

Applications for text amendments shall include the following:

a.

Name and address of the applicant;

b.

Current provisions of the text to be affected by the amendment;

c.

Proposed wording of the text change; and

d.

Reason for proposed amendment.

(2)

Applications for zoning map amendments must contain the following:

a.

A completed and signed copy of the application for the proposed zoning map amendment and all applicable fees.

b.

A site plan representing information on the location, extent, and type of proposed development, which may include, depending upon the type of development, and in the sole discretion of the zoning administrative officer, the following information:

1.

A correct scale and north arrow.

2.

The present zoning classification of all adjacent parcels.

3.

The location of the parcel relative to existing and proposed streets.

4.

Required yard setbacks for the zoning district requested.

5.

Topographic information sufficient to show the elevation and drainage conditions of the land.

6.

Existing conditions or improvements located on the property.

7.

The location and extent of the required buffer areas, including the extent of natural vegetation or fences as required.

8.

The proposed location of all driveways and entry/exit points for vehicular traffic, using arrows to depict direction of movement.

9.

Commercial or industrial development on existing individual lots, or proposed shopping center developments, shall also indicate the location and dimensions proposed buildings, parking and loading areas, driveways, and storage areas.

10.

All easements for water lines and sewer lines, both existing and proposed.

c.

A letter of intent outlining the proposed use and improvements to the property.

d.

A report from the Lamar County Water and Sewer Authority.

e.

A report from the Lamar County Health Department.

f.

A legal description of the property and/or a copy of the deed vesting title in the current owner.

g.

Any other information that the building and zoning department, planning commission or the board of commissioners may require to properly evaluate the proposed amendment.

(3)

When an amendment is initiated by anyone other than the board of commissioners, which amendment involves changing the official zoning map or zoning district of a parcel of land, the administrative officer must post a sign at least two (2) feet by three (3) feet in size in a conspicuous place on the property at least fifteen (15) days, but not more than forty-five (45) days prior to the date of the scheduled public hearing. The sign must set forth the fact that it is a "Public Hearing." It must show the location of the property, the present zoning classification, the date, time, place and purpose of the scheduled public hearing.

(4)

When an amendment is initiated by anyone, including the board of commissioners, notice of the hearing must be published in a newspaper of general circulation in Lamar County at least fifteen (15) days, but not more than forty-five (45) days before the hearing. Contents of the notice shall include the following: location of the property, the present zoning classification, the proposed zoning classification, and the date, time, place and purpose of the public hearing. At least fifteen (15) days before the public hearing, notice of the time, place and subject of the hearing will be sent to property owners within three hundred (300) feet of the subject property in writing by U.S. mail. Copies of all such letters will be maintained in the applicant's file for permanent record. All requirements of O.C.G.A. § 36-66-1 et seq., shall be complied with. A request for postponement or delay of a planning commission public hearing after the notice of the hearing has already been published in the newspaper, will require the requesting party to pay a fee set by the administrative officer sufficient to pay all cost(s) associated with the rescheduling of the public hearing. If the planning commission tables an amendment request to provide additional time for the presentation of evidence, this will be considered as a request for a postponement or delay and will require the payment of a fee as stated above for rescheduling of the public hearing. The planning commission may waive the additional fee if they table an amendment request for their own reasons.

(d)

All applications for amendments must first be reviewed by the planning commission. The planning commission will study the proposed amendment and determine if it meets the requirements of these regulations, as well as other applicable ordinances of Lamar County. At this time, the administrative officer may review the proposed amendment and make written recommendations to the planning commission.

(e)

The planning commission and the Lamar County Board of Commissioners will, when considering a proposed amendment to the zoning ordinance, consider the following standards:

(1)

The existing land uses and zoning classification of nearby property;

(2)

The suitability of the subject property for the zoned purpose;

(3)

The extent to which the property values of the subject property are diminished by the particular zoning restrictions;

(4)

The extent to which the destruction of property values of the subject property promotes health, safety, morals or general welfare of the public;

(5)

The relative gain to the public, as compared to the hardship imposed upon the individual property owner;

(6)

Whether the subject property has a reasonable economic use as currently zoned;

(7)

The length of time the property has been vacant as zoned considered in the context of land development in the area in the vicinity of the property;

(8)

Whether the proposed zoning will be a use that is suitable in view of the use and development of adjacent and nearby property;

(9)

Whether the proposed zoning will adversely affect the existing use or usability of adjacent or nearby property;

(10)

Whether the zoning proposal is in conformity with the policies and intent of any land use plan;

(11)

Whether the zoning proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities, or schools;

(12)

Whether there are other existing or changing conditions affecting the use and development of the property which give supporting grounds for either approval or disapproval of the zoning proposal.

(f)

The planning commission will formulate its recommendations to the Lamar County Board of Commissioners, recording them in the minutes for that meeting. The planning commission will send the recommendations on the proposed amendment in writing to the Lamar County Board of Commissioners within thirty (30) days of the close of the planning commission meeting or the Lamar County Board of Commissioners will assume that the planning commission approves.

(g)

After receiving the record of the planning commission's recommendations, the Lamar County Board of Commissioners will then hold a public hearing on the proposed amendment. The decision may or may not concur with the recommendations of the planning commission.

(h)

The following policies and procedures will be observed by the planning commission and the board of commissioners in conducting public hearings on amendments:

(1)

All persons who wish to address the planning commission or the board of commissioners at a hearing concerning an amendment under consideration by the planning commission or the board of commissioners shall first sign up on a form to be provided by the hearing body prior to the commencement of the hearing. Any party who wishes to address the planning commission or the board of commissioners through his or her attorney, or other designated representative or agent, that party's attorney or other designated representative or agent shall first sign up on a form to be provided by the hearing body prior to the commencement of the hearing, setting forth the name of their principal and the capacity in which they are appearing before the planning commission or the board of county commissioners, i.e., whether as attorney, parent, attorney in fact, real estate agent or otherwise.

(2)

The planning commission or the board of commissioners will cause to be read the proposed zoning decision under consideration and any departmental reviews pertaining thereto prior to receiving public input on said proposed zoning decision. Proposed zoning decisions shall as a general rule be called in the order in which they are received by the planning commission or the board of commissioners provided that nothing shall prevent the planning commission or the board of commissioners from changing the order of decisions reviewed at the time of the hearing for the convenience of the planning commission or the board of commissioners, and the public.

(3)

The planning commission or the board of commissioners shall call each person who has signed up to speak on the proposed zoning decision in the order in which the individuals have signed up to speak, except for the applicant, who will always speak first, or if the hearing body has brought a proposed zoning decision to the hearing, then the hearing body shall speak first. No person shall be allowed to speak in addition to his or her attorney or their designated representative or agent. Each person shall have only one opportunity and time limit in which to speak and said opportunity and time shall be used only by the person or the person's attorney or other designated agent. The purpose of this provision is to disallow additional time, not allowed to other speakers, by use of attorneys and agents, thereby gaining an unfair advantage at the hearing. Prior to speaking, the speaker will identify himself or herself and state his or her current address, and if an attorney or other designated agent, identify his or her principal. Only those persons signed up to speak prior to the commencement of the hearing shall be entitled to speak, unless the planning commission or the board of commissioners, in their discretion, vote to make an exception at the time of the hearing, not withstanding the failure of the person to sign up prior to the hearing.

(4)

Each speaker shall be allowed a limited amount of time to address the planning commission or the board of commissioners concerning the proposed zoning decision then under consideration, unless the planning commission or the board of commissioners, prior to or at the time of the reading of the proposed decision allows additional time in which to address the planning commission or the board of commissioners on said proposed zoning decision. The applicant may initially use all of the time allotted to him or her to speak or he or she may speak and reserve a portion of his allotted time for rebuttal. A member of the planning commission or the board of commissioners' staff shall be designated as the time keeper to record the time expended for each speaker. Speakers at the hearing shall have five (5) minutes in which to address the planning commission or the board of commissioners. If the planning commission or the board of commissioners desire to ask questions of the speaker, once the speaker has finished speaking on said proposed zoning decision, the time incurred to ask and answer said questions shall not accrue to the speaker's allowed time. Provided however, the questioning body may stop questioning and responses at any time, at which time the speaker must relinquish the floor.

(5)

Each speaker shall speak only to the merits of the proposed zoning decision under consideration and shall address his or her remarks only to the planning commission or the board of commissioners. The merits of the proposed zoning decision shall include evidence or opinions regarding devaluation, fair market value, nuisance, environmental concerns, traffic, noise, aesthetics, and in general, the health, welfare, and benefit of the community or county as they are affected by the proposed zoning decision. The speaker shall refrain from commenting on unrelated zoning issues and unrelated tracts of land. Each speaker shall refrain from personal attacks on any other speaker or the discussion of facts or opinions irrelevant to the proposed amendment under consideration. The planning commission or the board of commissioners may limit or refuse a speaker the right to continue, if the speaker, after first being cautioned, continues to violate this subsection.

(6)

Nothing contained herein shall be construed as prohibiting the hearing body from taking reasonable steps necessary to insure that hearings are conducted in a decorous manner, to assure that the public hearing on a proposed zoning decision is conducted in a fair and orderly manner.

(7)

Prior to the close of the hearing, the planning commission or the board of commissioners shall announce whether it will vote on the proposed amendment at that same hearing or whether it will defer its vote for a period not to exceed thirty (30) days.

(i)

After reviewing the record of the public hearing and considering recommendations from the planning commission, the Lamar County Board of Commissioners will then make an official decision on the proposed amendment. The decision may or may not concur with the recommendations of the planning commission. So that the purpose of this zoning ordinance will be served and so that health, public safety and general welfare will be secured, the board of commissioners may in its legislative discretion approve or deny the proposed amendment as submitted, reduce the land area for which the application is made, or change the zoning district to one other than that requested. The board of commissioners may also impose conditional zoning on any parcel on which an amendment is requested.

(j)

If the Lamar County Board of Commissioners denies a proposed amendment, a minimum period of twelve (12) months from the date of the decision must pass before the same amendment proposal is again submitted for consideration.

(k)

If the developer withdraws the proposed amendment, a minimum period of twelve (12) months from the date of withdrawal must pass before the same amendment proposal is again submitted for consideration.

(Ord. No. 2010-16, 11-16-10)

If the Lamar County Board of Commissioners executes an action which the developer or other aggrieved party believes to be contrary to law, that action may be appealed to the Lamar County Superior Court. Findings of fact, however, may not be appealed. Such an appeal must be filed within thirty (30) days of the date on which the action of the Lamar County Board of Commissioners was taken.

(Ord. No. 2010-16, 11-16-10)

Any person who violates any of the provisions of these regulations must face penalties. If a developer or landowner exhausts the decision and appeals procedures contained in article 4 and is still dissatisfied with the decision, he must then comply with the final decision or face penalties. Anyone who violated any of the provisions of these regulations, upon conviction, will be fined no more than five hundred dollars ($500.00) for each offense. In addition, he must pay all costs and expenses involved in the case. Each day such a violation continues constitutes a separate offense.

(a)

The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person, who commits, participates in, assists in, or maintains such a violation may each be found guilty of a separate offense and suffer the penalties provided here.

(Ord. No. 2010-16, 11-16-10)

If any building or land is used or maintained in violation of these regulations, anyone, including the county, who would be harmed by such a violation, may initiate legal proceedings to obtain an injunction or other appropriate remedy to stop the violation or to prevent any act which would constitute such a violation. Other legal remedies are also available as provided by Georgia law.

(Ord. No. 2010-16, 11-16-10)